Judge rules rent freeze not unlawful

Landlords across Scotland had sought judicial review in the Court of Session. Their lawyers argued they had suffered discrimination as a result of “unlawful” legislation after rents were frozen in September 2022, before a cap of three per cent was introduced.

The legislation is in place until March next year, though landlords can apply for an increase of up to six per cent in exceptional circumstances.

Lord Harrower ruled that many of the petitioners arguments fell “far short” and were “premature”, including the suggestion that the emergency rent freeze would continue for an “indeterminate period”.

The judge also rejected the argument that the law was introduced “under the guise of a supposed emergency situation, sought to impose upon landlords without proper consultation, a lasting set of rent controls”.

He added: “I consider that the respondents were well-founded in describing this as a bad faith or ulterior purpose challenge to the legislation.

“In that event, the petitioners would have failed to meet the high standard of proof beyond reasonable doubt which is appropriate to the challenges of that nature.”